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ARCHER DANIELS MIDLAND v. STATE

No. 90-1618.

485 N.W.2d 465 (1992)

ARCHER DANIELS MIDLAND COMPANY, Appellant, v. STATE of Iowa, DEPARTMENT OF COMMERCE, UTILITIES DIVISION a/k/a Iowa Utilities Board, Appellee, and State of Iowa, Department of Justice, Consumer Advocate Division, and Iowa-Illinois Gas & Electric Company, Intervenors-Appellees.

Supreme Court of Iowa.

As corrected on Denial of Rehearing June 18, 1992.

Attorney(s) appearing for the Case

Stuart W. Conrad, Paul S. DeFord and Cynthia W. Scherb of Lathrop Norquist & Miller, Kansas City, Mo., and Todd A. Elverson, Des Moines, for appellant.

Susan Allender, General Counsel, and Diane Munns, Deputy General Counsel, for appellee Utilities Bd.

James R. Maret, Consumer Advocate, and Daniel J. Fay, Des Moines, for intervenor-appellee Consumer Advocate.

Brent E. Gale and Robert P. Jared, Davenport, for intervenor-appellee Iowa-Illinois Gas & Elec. Co.

Considered by LARSON, P.J., and SCHULTZ, CARTER, NEUMAN and SNELL, JJ.

NEUMAN, Justice.

At the heart of this outwardly complex utility rate case lies a relatively simple question: Did the Iowa Utilities Board violate the rule against retroactive ratemaking when it permitted Iowa-Illinois Gas & Electric Company to use its industrial customers' historic purchasing data as the basis for allocating current gas pipeline surcharges authorized by the Federal Energy Regulatory Commission? The district court, ruling on a petition for judicial...

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